The somewhat bizarre lawsuit brought last year by Kansas City-based Sporting Innovations against its former co-CEO Asim Pasha for allegedly conspiring to set up a competing firm using Sporting Innovations assets and intellectual property has been dismissed, with a stipulation that the firm cannot re-file similar charges at a later date.

According to a document dated Feb. 29 provided to us by Pasha’s lawyers from Lathrop & Gage LLP, Kansas City, Sporting Innovations’ claims against Asim and his son Zain Pasha (who also worked for Sporting Innovations) were dismissed with prejudice, meaning they cannot be filed again in the future. As part of the negotiation, Pasha also agreed to dismiss his counterclaims against Sporting Innovations, basically meaning that the legal entanglement between the two parties is over.

Robb Heineman

Neither Pasha nor Sporting Innovations (now called FanThreeSixty) or FanThreeSixty CEO Robb Heineman would comment on the lawsuit dismissal, but with this result you have to wonder why exactly the case was brought in its initial fashion with its initial claims, including Sporting Innovations’ claim of $75,000 in damages. Though Pasha seems to have perhaps lost any claim to his 20 percent ownership stake in the company — according to Pasha’s lawyers he no longer owns any part of Sporting Innovations — Pasha also announced that he is taking over as the chief technology officer for the new stadium being designed for the AS Roma club, the Stadio Della Roma, which is scheduled to open in 2017 or 2018. We are trying to schedule some time to speak with Pasha about the new stadium, which seems like a very interesting, advanced project, so stay tuned.

On the Sporting Innovations/FanThreeSixty side, the firm is still apparently continuing with part of its original lawsuit, against other defendants. According to the legal document:

We have emails in to FanThreeSixty for comment, and we also asked Heineman to comment on the case in an “ask me anything” session he recently held on Twitter, but have not gotten a reply to either query. As we noted previously, Sporting Innovations/FanThreeSixty hasn’t announced any new clients recently for their stadium app program, and several high-profile customers, including the Pac-12 and the Tampa Bay Lightning, are no longer using Sporting Innovations software.

Kansas City-based sports app developer Sporting Innovations has changed its name to FanThreeSixty, a brand change for what the company calls the desire to create “a more direct connection to its award-winning FanThreeSixty platform.”

However, it’s also possible that the name change is part of a strategy to distance the company from an ongoing legal battle between current FanThreeSixty CEO and former Sporting Innovations CEO Robb Heineman and his former co-CEO Asim Pasha, which started when Sporting Innovations and Heineman filed a lawsuit against Pasha for allegedly conspiring to set up a competing firm using Sporting Innovations assets and intellectual property. That move was followed by Pasha filing counterclaims denying the company’s charges against him while also alleging that he was denied promised ownership stakes in the company for providing the technology behind its stadium-application business.

According to legal representatives for Pasha, the “name change has nothing to do with the lawsuit,” which, according to Pasha’s legal team and news reports, the is still ongoing and scheduled to be heard later this year. FanThreeSixty did not respond to requests for information or an interview about the press release.

So whatever the reason behind its name change, the company formerly known as Sporting Innovations is known primarily for being one of the first movers in the still-nascent field of integrated sports stadium apps, where functionality is designed to not only enhance the fan game-day experience but to also help the team or venue better capture marketing information from digital device use. The company was (and still is) joined at the hip with the Sporting Kansas City Major League Soccer franchise, which was one of the first teams to install Wi-Fi in its stadium and to embrace mobile-device usage by fans.

However, Sporting Innovations’ business of late has not provided much in the way of public customer wins, and several previous customers for the company’s Uphoria mobile device app platform have since dropped the product, including the Pac-12 and the Tampa Bay Lightning. While the Sporting Innovations site had until recently still included links to its Pac-12 and other previous customer wins, the new FanThreeSixty site has scrubbed all the old customer news and links from its site.

The second shoe has dropped in the lawsuit filed by Kansas City’s Sporting Innovations against its former co-CEO Asim Pasha, with Pasha filing counterclaims denying the company’s charges against him while also alleging that he was denied promised ownership stakes in the company for providing the technology behind its stadium-application business.

In case you missed the first episode, that came in June when Sporting Innovations fired its former co-CEO, alleging basically that he used company resources, trade secrets and relationships in a plot to build a competing entity. In his first response to those claims, Pasha denied the company’s allegations and replied with some legal fire of his own, claiming basically that Sporting Innovations’ other co-CEO, Robb Heineman, was jealous of Pasha’s public recognition for Sporting Innovations’ stadium app work, and refused to provide legal documents that would confirm Pasha’s promised ownership stake in the company.

While the Sporting Innovations lawsuit sought $75,000 in retribution from Pasha, Pasha’s counterclaims want his ownership stake — which is either 20 percent or more — confirmed, while having himself cleared of all the conspiracy charges, which his legal filing claims were trumped up mainly to try to get him to give up his ownership stake in the company and a key patent. Pasha’s filing also seeks “actual and punitive damages” for harm caused to Pasha and his son Zain by the lawsuit.

As Pasha’s filing claims:

Sporting Innovations’ use of legal process is not for the purpose of recovering on the claims stated in the Complaint, but for the illegal, improper and perverted purpose of intimidating and coercing Asim into surrendering his 20% interest in Sporting Innovations, along with his interest in U.S. Patent Application No. 13/789,372.

The next planned step in the proceedings, according to Pasha’s lawyers, is a hearing scheduled for Sept. 2, to talk about the schedule for the case going forward. Sporting Innovations refused to comment on the case. The lawsuit and the counterclaims have been filed with the U.S. District Court for the Western District of Missouri, Western District.

Will fallout cripple Sporting Innovations?

There’s lots of conflicting drama in the two legal sides of this case, and eventually we are guessing a judge or jury will hear all the details. As we said before, we’re not lawyers, but it seems from reading through Pasha’s filings that he has documented answers to refute many of the company’s original claims, including what looks like a personal note from Heineman under which the claimed intent was to transfer more of an ownership stake to Pasha.

However the case ends up, what seems to be clear is that Sporting Innovations is going to have a tough time drumming up new business in the meantime. Sporting Innovations was a business that grew out of technology developments for the Sporting KC professional soccer team and its home stadium, which was one of the first to have full fan-facing Wi-Fi and a specialized fan app. But the company’s vision to provide similar technology to other teams and stadiums may have hit a roadblock with the legal entanglements.

As we already reported, the company’s deal to provide a stadium app for the Pac-12 is dead, and one of the other clients still highlighted on the Sporting Innovations website, the Tampa Bay Lightning, said they are currently moving to a different app platform after using Sporting Innovations technology for their app through last season.

App promo at Stanford football game last fall. All photos: Paul Kapustka, MSR

From the outside looking in, it’s a bit of strange days going on at the Kansas City-based sports technology developer Sporting Innovations, which recently filed a lawsuit against its former co-CEO for allegedly conspiring to set up a competing firm using Sporting Innovations assets and intellectual property. It was also recently learned that Sporting Innovations’ project to help the Pac-12 develop a game-day app for sports teams is no longer active, after a year-long test with the Stanford University football team that didn’t produce any visible or public results.

Since Sporting Innovations isn’t offering any insight — a company contact replied “no comment” to an email asking for more information on both subjects — we can only guess as to what the business mood is at the company right now. But if you read the detailed report on the lawsuit by Kansas City Star reporter Kasia Kovacs it seems like Sporting Innovations has been plagued by some serious internal strife over the past year.

According to the lawsuit, Sporting Innovations alleges that former co-CEO Asim Pasha and his son Zain (also a Sporting Innovations employee) “began secretly plotting the formation of a competing company” sometime around September of 2014. From the introduction of the lawsuit, more details about the alleged conspiracy, which also allegedly involved a company named Vernalis, which was a contractor to Sporting Innovations:

To do so, they exploited SI’s resources, confidential information and trade secrets, business opportunities, and relationships with commercial partners, including Vernalis Group, Inc. (“Vernalis”), and Nader “Nate” Hanafy (“Hanafy”), Managing Director at Vernalis. Asim and Zain also misused SI’s corporate credit card to incur tens of thousands of dollars in personal expenses. Asim and Zain have refused to provide documentation and receipts related to their improper and extravagant spending.

The lawsuit, which seeks $75,000 in damages and the return of Sporting Innovations assets — including laptops for both Asim Pasha and Zain Pasha, which the company contends were not returned — was filed in the U.S. District Court for the Western District of Missouri on June 17, a day after the company fired Asim Pasha. According to the copy of the lawsuit, Sporting Innovations is seeking a jury trial.

Pac-12 app trial is over, no role for Sporting Innovations going forward

Stanford app splash screen showing Uphoria branding

Last fall, Sporting Innovations seemed to get a boost for its sports-app technology when the Pac-12 and Stanford chose Sporting Innovations’ FAN360 software as the base for a game-day stadium app that was tested in various forms of completion at Stanford home football games. Asim Pasha, then still co-CEO, was quoted in the press release announcing the deal. Sporting Innovations highlighted the deal in interviews last fall, and Sporting Innovations execs were part of a sports innovation conference at Levi’s Stadium that was hosted in part by the Pac-12.

But that deal is now dead after one season, with a Pac-12 representative confirming that the conference is no longer working with Sporting Innovations following last year’s pilot program. At its recent meetings, the conference decided to create its own multimedia rights sales arm, which will lead fan engagement technology projects going forward, though no details of such projects have yet been revealed. However, the GoStanford app, which has a splash screen saying it is powered by Sporting Innovations’ Uphoria platform, is still active, with news updates as recent as last month.

On the Sporting Innovations website, the company has claimed app deals for its technology with several other schools and teams, including Oklahoma State University and the Tampa Bay Lightning of the NHL, among others.